U.S. Department of Housing and Urban Development

Office of Housing

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Special Attention of: Notice H 93-90 (HUD)

Regional Administrators

All Regional Directors of Issued: 12/07/93

Housing Expires: 12/31/94

All Field Office Managers ______

All Directors of Housing Development Cross References: Handbook 4310.5

All Directors of Housing Management REV-1

All Chief Property Officers

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Subject: Fiscal Year 1994 Special Marketing Tools

Attached are the special marketing tools which, in addition to those

contained in Handbook 4310.5, REV.1, may be used in connection with the

sales of single family acquired properties during Fiscal Year 1994. The

attachment also includes a discussion of other select sales procedures and

policies for which the Field Offices must be mindful. There is an

indicator in the Index as to which tools are optional for Field Office use

and those which are mandatory.

Each of the optional marketing tools, used alone or in conjunction

with others, may be utilized by each Field Office, as deemed necessary and

appropriate by Field Office management. While Field Offices may authorize

the use of multiple marketing tools on each property, the total cost to the

Department should not exceed $2,500. Since HUD has contractually agreed to

pay the amount specified in Line 5 of the Sales Contract, this restriction

is only applicable to those additional marketing tools authorized, such as

the Move-in or Moving Expense Allowance and the Property Inspection

Service. For this reason, it is particularly important that careful

consideration be given to those tools which are necessary to market

properties in a cost effective manner. In reaching a decision to use a

marketing tool, factors such as cost, increased market appeal, and the

probability of a higher return must be considered. The disposition program

should be documented to justify the use of the marketing tools. Field

Offices are responsible for ensuring that the use of any incentive is not

abused and does not subject the Department to fraud, waste or

mismanagement.

Several of the marketing tools have been revised. Revisions have

been made to the Cash Rebate which is now applicable to properties with a

sales price of $40,000 or less; the Home Buyers Protection Plan which will

permit Field Offices to pay up to $500 for a policy; purchasers are given

the opportunity to have the prepaid items included in the Line 5

deductions; and, the Property Inspection Service gives the Field Office

the option of correcting any defects found during the inspection, reducing

the sales price or allowing the purchaser to terminate the contract without

penalty. Two new sales incentives have been created. The Bonus to Renters

provides for renters to receive a credit for two monthly rental payments,

not to exceed $1,000. This is subject to a submission of a rental

agreement with the sales contract. The Pre-approval allowance permits

Field Offices to compensate purchasers who received pre-approval from a

lending institution prior to contract submission and successfully close

the sale. A credit of up to $250 will be given at closing.

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HSIP : Distribution : W-3-1, W-2(OGC)(H)(Z), W-3(A)(H)(ZAOO), W-4(H), R-1,

R-2, R-3, R-3-1(H)(RC), R-3-2, R-3-3, R-6, R-6-1, R-6-2, R-7, R-7-1,

R-7-2, R-8, R-8-1

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The definition for hard to sell properties has been revised and is

contained in the attached. Field and Regional Offices must closely monitor

the use of the reduced down payment to ensure that no more than 50 percent

of the Insured sales. In any Field Office involve a downpayment of less

than three percent. In addition, Field Offices must determine, on an

individual market or property basis, the appropriate level of payment of

financing and closing costs on proven hard-to-sell properties.

In the event there may be previously approved incentives or policy

deviations, those are terminated effective with the date of this Notice.

Please direct questions regarding this Notice to the Single Family

Property Disposition Division at (202) 708-1832.

Attachment

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Assistant Secretary for Housing

- Federal Housing Commissioner

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FISCAL YEAR 1994 SPECIAL MARKETING TOOLS

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FISCAL YEAR 1994 SPECIAL MARKETING TOOLS

SECTION I- INCENTIVES

Many of the incentives detailed herein are tied to hard-to-sell properties.

For purposes of implementing these incentives, hard-to-sell properties are

defined as a concentration of homes in a specific market area (not

jurisdiction wide) that remain unsold after six or more months in inventory

and are characterized by one or more of the following: large numbers of

non-HUD vacant properties; declining neighborhoods; severely depressed

economy; or other equally good cause.

The following incentives are available for use in Fiscal Year 1994. A

number of the incentives have been incorporated into PD Handbook 4310.5,

REV-2, as indicated by the paragraph reference, which is currently in

clearance.

1. BONUS FOR EARLY CLOSING (Paragraph 6-128b)

(Available to owner-occupant and investor purchasers)

As an incentive for closing prior to the established closing date,

Field Offices may allow at closing a flat bonus that will be

determined as follows:

Properties Purchased with a Sales Price of $25,000 or Greater:

$900 if sale closes within 15 days of contract acceptance.

$600 if sale closes within 16 to 30 days of contract acceptance.

$300 if sale closes within 31 to 45 days of contract acceptance.

$100 if sale closes within 46 to 50 days of contract acceptance.

Properties Purchased with a Sales Price Less Than $25,000:

$450 if sale closes within 15 days of contract acceptance.

$300 if sale closes within 16 to 30 days of contract acceptance.

$150 if sale closes within 31 to 45 days of contract acceptance.

$50 if sale closes within 46 to 50 days of contract acceptance.

Please note: The bonus may be credited to the purchaser, lender,

and/or broker, as the Field Office determines appropriate. The total

amount paid may not exceed the above stated amounts. Should the bonus

be credited to the purchaser, it must be shown on Lines 207 and 507 on

the form HUD-1, Settlement Statement. The bonus format described

above is based on a Field Office closing time frame of 60 days.

Should the closing time frame be less than 60 days, only the first two

bonuses of each category apply

2. BONUS TO RENTERS

(Available to owner-occupant purchasers only.)

To promote sales of properties to individuals currently renting their

place of residence, Field Offices are authorized to allow a credit to

owner-occupant purchasers an amount equal to two monthly rental

payments, not to exceed $1,000. In order to qualify for this credit,

the purchaser(s) must include a copy of their current rental agreement

with the submission of the sales contract. This credit may not be

substituted as the purchase's earnest money deposit HUD's tenants who

are current in their rental payments and are paying fair market rent

qualify for this incentive. This bonus may not be substituted for

payment of rent owed at time of closing.

The amount is to be shown on Line 207 on the form HUD-1, Settlement

Statement as a credit to the purchaser and Line 507 on the form HUD-1,

Settlement Statement as a charge to HUD.

NOTE: The cost of this incentive is not to be reflected in

determining the net to HUD on the sales contract

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3. CASH BONUSES TO BROKERS (Paragraph 6-128a)

(Available to owner-occupant and investor purchasers.)

Cash bonuses of up to $500 may be offered to brokers for hard-to-sell

properties. Although this sales incentive is encouraged, where deemed

appropriate, bonuses must not be offered so routinely that they become

expected by selling brokers. To claim an offered bonus, brokers must

include the bonus amount with the sales commission on Line 6 of the

Sales Contract.

4. CASH REBATE (Paragraph 6-133)

(Available to owner-occupant purchasers only.)

To promote sales of properties whose current value is $40,000 or less,

particularly those located in proven hard-to-sell areas, a cash rebate

of up to five percent of the actual sales price, not to exceed $2,000,

may be offered to owner occupant purchasers, for use as deemed

appropriate by the purchaser.

Eligible purchasers will receive a credit at the time of settlement in

the amount of up to five percent of the actual sales price, not to

exceed $2,000. This amount is to be shown on Line 207 on the form

HUD-1, Settlement Statement, as a credit to the purchaser and on Line

507 on the form HUD-1, Settlement Statement, as a charge to HUD.

Field Offices must notify the closing agent of each property that is

entitled to a cash rebate.

5. FINANCING AND CLOSING EXPENSES

(Available to owner-occupant and investor purchasers.)

On Line 5 of the Sales Contract, purchasers may specify a dollar

amount that HUD will then be expected to pay towards the purchasers'

financing and closing costs. Under normal market conditions, the

amount requested may not exceed five percent of the purchase price

(Line 3 of the Sales Contract). For proven hard-to-sell properties,

this amount may be increased up to six percent of the purchase price.

Field Offices shall determine, on an individual market or property

basis, the appropriate level, up to the five and six percent maximum.

In some instances, it may be that a lower percentage is sufficient

Regional Offices should oversee the limits established by each office

to ensure that financing and/or closing expenses are appropriate and

are not exceeded for any jurisdiction or market.

Since HUD has contractually agreed to pay the amount specified in

Line 5 of the Sales Contract, it is not necessary nor expected that

either a listing of allowable items or a price listing for those items

will be provided to sales brokers or closing agents. The purchasers

are free to use the Line 5 allowance towards their financing and/or

closing expenses as they deem appropriate. This may now also include

the payment on behalf of the borrower of those items required by the

lender to be paid in advance. The closing agent's responsibility, as

well as that of the Chief Property Officer, is to ensure that the

Line 5 allowance is not exceeded at settlement.

The fee for HUD's contract closing agent is not to be included in

Line 5 or considered in the best net calculation. Any notification

to brokers shall advise that offers to purchase may be enhanced by

claiming less than the maximum for both or either financing/closing

expenses and the sales commission.

6. HOMEBUYERS PROTECTION PLAN

(Available for owner-occupant purchasers only.)

To address the concerns of many homebuyers regarding the condition

of HUD's properties at the time of purchase and immediately

thereafter, Field Offices are authorized to provide an allowance,

payable at closing of up to $500, or the first year's premium,

whichever is lower, towards the purchase of a Buyers Protection Plan.

These plans typically provide protection against mechanical failure of

most household systems and appliances during the term of the contract.

Subject to a small deductible payment, the insurer agrees to repair or

replace covered equipment through authorized contractors.

Before implementing, Field Offices must determine there are reputable

firms in their jurisdiction offering such protection plans. The

broker and buyer will then be responsible for selection of a

particular company and for negotiation of a specific agreement. It

must be clear that HUD has no involvement whatsoever in regard to

performance under the plan of any contractor or repairman. At the

settlement, purchasers must present to HUD's closing agent the paid

receipt or the signed agreement for their homeowner's

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protection plan along with any additional money that may be required

for the plan.

If the purchaser provides a paid receipt at closing, they will receive

a credit at closing for the actual cost of the plan, not to exceed

$500. This amount is to be shown on Line 207 on the form HUD-1,

Settlement Statement, as a credit to the purchaser and on Line 507 on

the form HUD-1, Settlement Statement, as a charge to HUD. Should the

purchaser present an invoice requiring payment, HUD's closing agent

will remit the payment to the homebuyer's protection company on the

buyer's behalf and reflect payment on the reverse of the form HUD-1,

Settlement Statement, under "Additional Settlement Charges".

Field Offices must notify the closing agent of each purchaser that is

entitled to this credit.

NOTE: Should the company issuing the protection plan require a test

of the property's systems, it must be made clear that all expenses

related to the test, including rewinterization where appropriate, are

the responsibility of the purchaser.

7. HOMEOWNER'S ASSOCIATION ALLOWANCE

(Available to owner-occupant purchasers only.)

Field Offices with a large inventory of condominiums and townhouses

may consider paying on behalf of the purchaser, up to one year's

homeowners' association or condominium fees. To receive benefit of

this marketing tool, the buyer must be an owner-occupant purchaser.

Since this is an incentive, the cost should not be reflected in

determining the net to HUD on the Sales Contract. However, the HUD-1,

Settlement Statement, should reflect a lump sum payment by the closing

agent directly to the association.

Field Offices must ensure that payment of this incentive does not

become automatic or expected in every market area. Good judgement as

to its need and use is expected.

8. INCLUSION OF PREPAID AND FINANCING/CLOSING COSTS IN MORTGAGE

(Available to owner-occupant purchasers only.)

A. Inclusion of Prepaids

In those instances where escrow and prepaid items for which the

purchaser will be paying are unduly large, such as when taxes are

paid in advance, the mortgage may be increased by the amount of

such items. This may be used in connection with insured sales

only. Homeowners insurance is not to be included as a prepaid

in the mortgage.